폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 1 shall be confiscated.
1. Summary of grounds for appeal;
A. Fact-misunderstanding (as to the victim D and E’s special intimidation, and special assault and intimidation against the victim E), the Defendant did not possess military knife or military knife, and there was no fact of intimidation or assault as stated in this part of the facts charged.
The judgment of the court below that convicted all of the facts charged on the basis of the statements of the above victims, although it is difficult to believe that the statements of the victims were too difficult to maintain a good relationship between neighboring victims and the defendant, and that they have filed a complaint at the present time, etc., the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.
2. Determination
A. Determination as to the assertion of misunderstanding of facts (as to the victim D and E, each special intimidation to victim E, and special assault and intimidation to victim E), this part of the facts charged A) Special intimidation (1) around 18:30 on April 2008, the Defendant threatened the victim D (n, 69 years old) located in Fransh C, in the front garden of the victim D (n, n, f9 years old) located in Fransh C, in the state of drinking drinking, with the victim's knife who suffered military knife, which is a dangerous object without any particular reason, and threatened the victim of sound by "the knife, the knife knife, the knife knife knif"
(2) On July 200, at around 14:00, the Defendant found the victim E (45 years of age) located in the Geum-gu, Busan (hereinafter referred to as the “Woo-gu”) in his house and found it into the house. The Defendant left the military mos ( approximately 30 cm in total length) that are dangerous things in front of the victim who he he he he he he he he he he he he he he he he he stores in his military mos to the victim, and gets off the military mos, which are dangerous things in front of the victim who he he stores mos, and she saw it into the mos.
(b) Whether it is Stockpiling to enter or leave the country;
“The victim was threatened by sound.”
(3) On July 200, the Defendant was at the home of the victim D (Min, 70 years old) located in the Geum-gu, Busan (Min, 70 years old) around 14:00 on July 200, when he was at the time of E, who was the victim’s children.